Wheres the justice ?

[Jaws]

FROM BDN:


TRACTOR DRIVER WHO CAUSED DEATH OF BIKE DEALER BANNED FOR 3 YEARS
UK
20/11/2019

A tractor driver has been banned from the road for three years for causing the death of a well-known figure in the biking community in Scotland. Colin Rutherford had worked as a Harley-Davidson technician at dealerships in Edinburgh and Glasgow, before setting up House of Custom with a friend in Clydebank. He was killed on 11 August 2018.
At Kilmarnock Sheriff Court, Sheriff Elizabeth McFarlane told the accused that "despite the tragic consequences, in all of the circumstances I do not find it necessary to impose a custodial sentence on you".
William Dykes, 61, was towing a trailer when he pulled in front of a Harley-Davidson driven by Mr Rutherford on the A77 in Ayrshire. Mr Rutherford was thrown from the bike and died at the scene.
Dykes, from Eaglesham, Renfrewshire, admitted driving without due care and attention and causing the victim's death on 11 August 2018.
The court heard that the tractor driver failed to keep a proper lookout for oncoming traffic and crossed on to the opposite carriageway while turning into an access road for a farm.
The court heard that Dykes fought to revive Mr Rutherford with CPR until paramedics arrived but he died at the remote scene.
As well as being banned from driving, he was given a six-month curfew tagging order and 200 hours of unpaid work.
Gordon Nicol, defending, said Dykes could not explain why he failed to see the motorbike and added: "It was an awful moment of inattention that he will live with for the rest of his days."
Passing sentence, Sheriff McFarlane said Mr Rutherford's death had left a "massive void" in the lives of his family, some of whom were in court.
"I accept that you live with the fatal consequences of your actions every day and will continue to do so for the rest of your life," she added.
"Despite the tragic consequences, in all of the circumstances I do not find it necessary to impose a custodial sentence on you."

 

[nicholsong]

In my view having studied Constitutional Law, Justice is a concept of what society achieves for Society in general through a criminal legal system, and not what an individual, whether victim, family member or even a poster on a website thinks the legal system should have decided.

An 'eye for an eye' is a concept that has been prevalent in the Middle East for centuries, but has not played a part in Western European Jurisprudence.

Compensation systems exist in Civil Law jurisdictions but are not part of the concept of Justice in Criminal Law, because they are designed for individuals and not Society in general.

Geoff

 

[Jaws]

In my view having studied Constitutional Law, Justice is a concept of what society achieves for Society in general through a criminal legal system, and not what an individual, whether victim, family member or even a poster on a website thinks the legal system should have decided.

An 'eye for an eye' is a concept that has been prevalent in the Middle East for centuries, but has not played a part in Western European Jurisprudence.

Compensation systems exist in Civil Law jurisdictions but are not part of the concept of Justice in Criminal Law, because they are designed for individuals and not Society in general.

Geoff

I bloke I know very well was set upon outside a pub.. Loads of witnesses and all that.. He was just walking home after work
Two nutters went for him and were giving the guy a good larapping .. He got in ONE punch, the thug fell over and banged his head, died at the scene
Got 8 years
It seems to me that as soon as a bike is involved the judiciary system becomes biased
Though in this case , given the players in the case, could be Farmer Giles is in the same lodge as the beak !

 

[Silver-Fox]

I seem to remember a motorcyclist was caught doing around 120 with his young son on the back.

No accident and not driving dangerously other than the speed.

Im sure he got a custodial sentence.

 

[Just smiffy]

Yet if you find some coins and gold in the ground that’s been there for hundreds of years and don’t tell anyone you’ll get 10yrs in jail....

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[Silver-Fox]

Yet if you find some coins and gold in the ground that’s been there for hundreds of years and don’t tell anyone you’ll get 10yrs in jail....

Ahh you’ve involved money that the crown wants ?

 

[Jaws]

I seem to remember a motorcyclist was caught doing around 120 with his young son on the back.

No accident and not driving dangerously other than the speed.

Im sure he got a custodial sentence.

Yup.. got three months and had to retake his test

 

[bigtwin]

The thing with the UK (and probably elsewhere too) justice system is that the penalties are, mostly, based on the offence committed and not the consequences of the offence.

The case highlighted was as a result of an error that, in most circumstances, would have no adverse outcome. In this case however the outcome was disastrous.

Emotional reactions, understandably, come into play when the outcome is serious but, generally, sentencing, rightly, doesn’t take these reactions into account.

There, but for the grace of god, go .......

Ian

 

[Stoosal]

What he said ☝

The cause of the crash and its consequences are different things that can have hugely different outcomes. Who said the law has to make sense!

Doesn’t make it any easier on friends and family of the victim.

 

[Mrsambulancekidd]

Colin was a nice man and an experienced biker, his death was such a shock.

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[Ivory55]

Trouble is sentence for knife crime is not huge and that’s intentional where as the tractor driver never intended. The prisons are full so I guess that they can not send everyone to prison.

 

[ambulancekidd]

Colin Rutherford the motorcyclist who was killed was married to my ex wife.
He was a really nice guy & very talented in his field of Harley Davidson customisation with a well deserved world wide reputation for his talent.

He was an extremely careful driver & certainly didn't deserve this ending.

I've spoken to Maureen (his wife) quite a few times since Colin's death & her life is in tatters.
She called me after the tractor driver was found guilty of careless driving & I've never heard such anguish in her voice.

Oddly enough I had a girlfriend who was killed at exactly the same junction on the A77 nearly 40yrs ago but, in those days these things were simply considered to be "an Accident"
& there was no action taken with the driver who caused her death, so I feel that we're heading in the right direction. We're far from the type of sentence which is required though.

Robert.

 

[Bonkers the Dog]

I would guess that verdict will go to appeal on the grounds of an inappropriately lenient sentence and in my opinion rightly so.

I remember that accident well as I live about 5 miles from that notorious stretch of road. I didn't' know the fellow but had been in his shop and had a blether about bikes with him a few years ago, a tragedy to be sure.

The A77 and A9 status is a disgrace, as are other National A roads with that status that are in reality motorways in all but name. It is completely unacceptable on todays congested roads full of very fast or heavy vehicles to be able to drive slow tractors on it, or 125cc bikes and have immediate access junctions onto the carriage.

My personal favourite is our MAMAL friends exercising their right to use these superfast roads on a bicycle as HGV and cars whizz by at 70-90mph! It's fu*king madness, asserting your right to do something is all very well but endangering yourself and other road users to make a point is just plain stupid; then they take the self-righteous hump when you remonstrate with them.

However, in the A9 & A77 case it will not change soon as it is a matter of grim, cold hard statistics. Not enough people use these roads, the areas are not that economically important and the MOT won't pay for the upgrades as the population isn't large enough.

In the end it comes down to a heartless cost benefit analysis. It is easier and cheaper to pay for the after effects of the occasional road fatality than it is to convert the road into a proper motorway governed by more suitable regulation.

That's the truth right there. It's a numbers game and we as rider/drivers are the ones who are left to take our chances on substandard roads.

It will continue, sadly.

 

[Willhamburger]

The victim was a biker, hence lenient sentence